E 

4-<b7 
.1 

rtzCf 



r H E 



Civil Record 



'^ms^-' 



ai-litiicri 



i 
ILiJJ 



DURING HIS ADMINISTRATION IN 



Louisiana and Texas. 



"~i 



IS. I'M, 



" The right of trial by Jury, the Habeas Ccvpus, the Liberty of ' 
the Press, the Freedom of Speech, the Natural Rights of Persons, \ 
and the Rights of Property, must be preserved." \ 

Kxtract from tho Order of Gen. Hancock, of Nov. 29, 1867. \ 



iHSo. 







Book—. ^ 

. hi d c . 



THE 



Civil Record 



OF 



f -tad miLD I m 



!o 



// 7 



Ul 



DURING HIS ADMINISTRATION IN 



Louisiana and Texas. 



" The right of trial by Jury, the Habeas Corpus, the Liberty of 
the Press, the Freedom of Speech, the Natural Rights of Persons, 
^nd the Rights of Property, must be preserved." 

Extract ironi the Order of Geii. H.axcock, of Xov. 2f>, 1867. 



1880. 



THE CIVIL RECORD 

OP 

Majoe-General WIHFIELD S. HAHCOCK, 

BURINU HIS AD:\1IMSTRATI0N in LOUISIANA ANI> TEXAS. 



THE oltjoct of this pamphlet is to direct the attention of those -whom, 
for political or other reasons, it may concern, to the services of 
General Hancock in maintaining the civil rights of the citizen dnringa 
trjang period in the history of our country. It is not intended to en- 
force this view by many comments, but mainly b}' a re-publication of 
some of- General Ilancock's own orders and official letters, when com- 
mander of the Fifth Military District, composed of the States of Louisi- 
ana and Texas. The documents selected are but a few out of a volu- 
minous mass of similar material. But they will be sufficient to illus- 
trate the principles upon which his administration of i^ublic affairs was 
conducted. 

It is well known that General Hancock has never sought political 
preferment, that his promotion in the army has been b}" merit alone, 
and that for his political principles he has been content to suffer per- 
secution. His prominence before the Democratic National Convention 
in 1808, and again in 1816, was not brought about by an3^ solicitation 
of his own ; but solel}^ from the public sense of his availabilit3^ The 
frequent mention of his name in connection with the next Presidential 
nomination, renders it desirable that his qualifications for government 
should be understood. Apart, however, from politics, and whether he 
should receive the nomination of his party for civil office or not, still, 
if when clothed with grea^-'authority, he used it with wisdom, firmness 
and moderation, for the good of the people, and in obedience to the 
Constitution of his country, in a time of great trial, it is but just that 
his example should have honorable mention and remembrance among 
his fellow-citizens. 

Tiiis publication will, therefore, need no further apology. 

AVhen General Hancock was assigned to the command of the Fifth 



Military District, he became, under the Reconstruction Laws of Con- 
gress, the absolute ruler of two States — Louisiana and Texas. He had 
the power to remove civil magistrates, to suppress the local tribunals, 
to establish military commissions and to suspend the civil laws. He 
continued in this responsible position, with his headquarters at New 
Orleans, from November, 1867, until March 16th, 1868, when, in con- 
sequence of General Grant's interference with his administration, he 
was relieved at his own request. What he did during these eventful 
months, was not as a leader of troops, but almost wholly in the exer- 
cise of his duties and authority as the supreme governor of the two 
States included within his jurisdiction. He has, therefore, not only a 
civil record, but such a civil record as is best calculated to illustrate his 
character as a citizen and his qualifications as a statesman. Because, 
being invested with powers which subjected him l:o scarcely any other 
restraint than his own discretion, his administration must be consid- 
ered in more than an ordinary degree characteristic of the mental and 
moral qualities of the man. 

It will be remembered that at the time General Hancock was ap- 
pointed to this position, Congress had parcelled out the South into a 
number of military despotisms, based upon the assumption that the 
people of that section of the Union had forfeited their constitutional 
liberties, and had no longer any civil rights which a military comman- 
der was bound to respect. But when General Hancock assumed per- 
sonal command of his military province, his first act was to issue an 
official order from his headquarters at New Orleans, proclaiming that 
the Constitution had survived the war, and was still the rightful inheri- 
tance of all the people. 

This noble document is in the following words : 

HEADQUARTERS FIFTH MILITARY DISTRICT, 

General Obders, I ^j^ Orleans, La, November 29, 1867. 

No. 40. i 

I. Hi accordance with general orders No 81, Headquarters of the 
Army, Adjutant General's Office, AVashington, D. C, August 2'7th, 
1867, Major-General W. S. Hancock hereby assumes command of the 
Fifth Military District and of the Department composed of the States 
of Louisiana and Texas. 

II. The General Commanding is gratified to learn that peace and 
quiet reign in this Department. It will be his purpose to preserve this 
condition of things. As a means to this great end he regards the 
maintenance of the civil authorities in the faithful execution of the 
laws as the most efficient under existing circumstances. 

In war it is indispensable to repel force by force, and overthrow 
and destroy opposition to lawful authority. But when insurrectionery 



force has been overtlirown and peace estaljlishe;], and the civil author- 
ities are ready and willing to perforin their duties, the militar}^ power 
should cease to lead, and the civil administration rosume its natural 
and rightful dominion. Solemnly impressed with these views, the 
General announces that the great principles of American liberty are 
still the lawful inheritance of this people, and ever should be. The 
right of trial by jury, the habeas corpus, the liberty of the press, the 
freedom of speech, the natural rights of persons, and the rights of 
property must be preserved. 

Free institutions, while they are essential to the prosperity and hap- 
piness of the people, always furnish the strongest inducements to 
peace and order. Crimes and offences committed in this district 
must be referred to the consideration and judgment of the regxdar 
civil tribunals, and those tribunals will be supported in their lawful 
jurisdiction. 

Should there be violations of existing laws which are not inquired 
into by the civil magistrates, or should failures in the administration 
of justice by the courts be complained of, the cases will be reported to 
these headquarters, when such orders will be made as may be deemed 
necessarj'-. 

While the G-eneral thus indicates his purpose to respect the liber- 
ties of the people, he wishes all to understand that armed insurrec- 
tion or forcible- resistance to the law will be instantly suppressed by 
arms. 

By conniiaud of Majok-Genekal W. S, Hancock. 
[Official ] 



General Hancock's celebrated letter to Governor Pease of Texas. 

The following admirable letter was written and published by Gen- 
eral Hancock toward the close of his administration at New Orleans, 
in reply to the application of Governor Pease, of Texas, for the es- 
tablishment of militar}'^ commissions in that State. It deserves a care- 
ful reading, and in it may be found a triumphant vindication of the 
principles upon which General Hancock conducted his administration. 
No conservative citizen can read it without being impressed with the 
soundness of the writer's political principles, the firmness and inde- 
pendence of his character, the excellence of his judgment, his states- 
manlike ability and manly patriotism : 



6 

HEADQTJAKTERS FIFTH MILITARY DISTRICT, 

New Orleans, La., March 9, 18CS. 

To His Excellency E. M. Pease, Governor of Texas: 

Sir : — Your communication of the 17th January last, was received 
in due course of mail, (the 2Tth Januarj^,) but not until it had been 
widel^r circulated b}^ the newspaper press. To such a letter — written 
and published for manifest purposes — it has been my intention to re- 
ply as soon as leisure from more important business would permit. 

Your statement that the act of Congress " to provide for the more 
efficient government of the rebel States," declares that whatever gov- 
ernment existed in Texas was provisional ; that peace and order should 
be enforced ; that Texas should be part of the Fifth Military District, 
and subject to militar}^ power; that the President should appoint an 
officer to command in said district, and detail a force to protect the 
rights of person and property', suppress insurrection and violence, and 
punish offenders, either by military commission, or through the action 
of local civil tribunals, as in his judgment might seem best, will not 
be disputed. One need only read the act to perceive it contains such 
provisions. But how all this is supposed to have made it my duty to 
order the militar}^ commission requested, 3"0u have entirely failed to 
show. The i)ower to do a thing if shown, and the propriet}^ of doing- 
it, are often very different matters. You observe you are at a loss to 
understand how a government, without representation in Congress, or 
a militia force, and subject to military power, can be said to be in the 
full exercise of all its proper powers. You do not reflect that this 
government, created or permitted by Congress, has all the powers 
which the act intends, and may full}' exercise them accordingly. If 
you think it ought to have more powers, should Ive allowed to send 
members to Congress, wield a militia force, and possess yet other 
powers, 3'our complaint is not to be preferred against me, but against 
Congress, who made it what it is. 

As respects the issue between us, an3' question as to what Congress 
ought to have done has no pertinence. You admit the act of Congress 
authorizes me to tr}^ an offender by military commission, or allow the 
local civil tribunals to try, as I shall deem best ; and 3'ou cannot deny 
the act expressl3^ recognizes such local civil tribunals as legal author- 
ities for the purpose specified. When j^ou contend there are no legal 
local tribunals for any purpose in Texas, you must either dcn^- the 
plain reading of the act of Congress or the power of Congress to pass 
the act. , 

You next remark that you dissent from my declaration, "that the 
country (Texas) is in a state of profound peace," and proceed to state 
the grounds of your dissent. They appear to me not a little cxtraor- 



■(.linaiy. I quote j'ouv words: "It is true there no louger exists here- 
(Texas) auy organized resistance to the auihurit}^ of the United 
States." "But a large majority of the white population W'ho partici- 
pated in the late rebellion, are embittered against the Govertiment, 
and yield to it an unwilling obedience." Nevertheless, you concede 
they do 3'ield it obedience. You proceed : 

" None of this class have any affection for the Government, and very 
few any respect for it. They regard the legislation of Congress on 
the subject of reconstruction as unconstitutional and hostile to their 
interests, and consider the government now existing here under au- 
thorit}' of tlie United States as an usurpation on their rights. The}' 
look on the emancipation of their late slaves and the disfranchise- 
ment of a portion of their own class, as an act of insult and oppres- 
sion," 

And this is all you have to present for proof that war and not peace 
})revails in Texas ; and hence it becomes my duty — so you suppose — 
to set aside the local civil tribunals, and enforce the penal code against 
citizens by means of military commissions. 

M}'' dear sir, I am not a lawyer, nor has it been my business, as it 
may have been 3-ours, to study the philosophy of statecraft and poli- 
tics. But I may lay claim, after an experience of more than half a 
lifetime, to some poor knowledge of men, and some appreciation of 
what is necessary to social order and happiness. And for the future 
of our common country. I could devoutl}^ wish that no gi'eat number 
of our people have j-et fallen in with the views you appear to enter- 
tain. Woe be to us Avhenever it shall come to pass that the power of 
the magistrate — civil or military — is permitted to deal with the mere 
opinions or feelings of the people. 

I have been accustomed to believe that sentiments of respect or dis- 
respect, and feelings of affection, love or hatred, so long as not de- 
veloped into acts in violation of law, were matters wholly be^'ond the 
punitory power of human tribunals. 

I Avill maintain that the entire freedom of thought and speech, how- 
ever acrimoniousl_y indulged, is consistent with the noblest aspirations 
of man, and the happiest condition of his race. 

When a boy, I I'emember to have read a speech of Lord Chatham, 
delivered in Parliament. It was during oiir Revolutionary War, and 
related to the policy of employing the savages on the side of Britain. 
You may be more familiar with the speech than I am. If I am not 
greatly mistaken, his lordship denounced the British Government — 
his government — in terms of unmeasured bitterness. He character- 
ized its policy afe revolting to every sentiment of humanit}' and re- 
ligion ; proclaimed it covered with disgrace, and vented his eternal 
abhorrence of it and its measures. It may, I think, be safel}' asserted. 



that a majority of the British nation concurred in the views of Lord" 
Chatliam. But whoever supposed that profound peace was not exist- 
ing in that kingdom, or that government had any authority to question 
the absolute right of the opposition to express their objections to the 
propriety of the king's measures in any words, or to any extent they 
pleased ? It would be diflleult to show that the opponents of the 
Government in the days of the elder Adams, or Jefferson, or Jackson,, 
exhibited for it either " affection " or " respect." You are conversant 
with the history of our past parties and political struggles touching 
legislation on alienage, sedition, the embargo, national banks, our wars 
with England and Mexico, and cannot be ignorant of the fact, that 
for one party to assert that a law or s^^stem of legislation is unconsti- 
tutional, oppressive and usurpative, is not a new thing in the United 
States. That the people of Texas consider acts of Congress unconsti- 
tional, oppressive, or insulting to them, is of no consequence to the 
matter in hand. The President of the United States has announced 
his opinion that these acts of Congress are unconstitutional. The Su- 
preme Court, as you are aware, not long ago decided unanimously' that 
a certain military commission Avas unconstitutional. Our people 
everj'where, in every State, without reference to the side they took 
during the rebellion, differ as to the constitutionalit}' of these acts of 
Congress. How the matter reall}' is, neither j-ou nor I may dogmati- 
cally affirm. 

If you deem them constitutional laws, and beneficial to the countr}', 
you not only have the right to publish your opinions, but it might be 
your bounden duty as a citizen to do so. Not less is it the privilege 
and duty of any and every citizen, w'herever residing, to publish his 
opinion freely and fearlessly on this and every question which he 
thinks concerns his interest. This is merely in accordance with the 
principles of Our free government ; and neither you nor I would wish 
to live under any other. It is time now, at the end of almost two 
years from the close of the war, we should begin to recollect what 
manner of people we are,; to tolerate again free, popular discussion, and 
extend some forbearance and consideration to opposing views. The 
maxims that in all intellectual contests truth is might}', and must pre- 
vail, and that error is harmless when reason is left free to combat it, arc 
not onlv sound, but salutar}-. It is a poor compliment to the merits of 
such a cause, that its advocates would silence opposition by force ; and 
generally those only who are in the wrong wdll resort to this ungener- 
ous means. I am confident 3'ouwill not commit your serious judgment 
to the proposition that any amount of discussion, or an}^ sort of opinions, 
however unwise in your judgment ; or any assertion or feeling, how- 
ever resentful or bitter, not resulting in a breach of law, can furnish 
justification for your denial that profound peace exists in Texas. You 



9 

might as well deny that profound peace exists in New York, Penn- 
sylvania, Maryland, California, Ohio and Kentucky', Avhere a majority 
of the people differ with a minority on these questions; or that pro- 
found peace exists in the House of Representatives, or the Senate, at 
Washington, or in the Supreme Court, where all these questions have 
been repeatedly discussed, and parties respectfully and patiently heard. 
You next complain that in parts of the State (Texas) it is difticult to 
enforce the criminal laws ; that sheriffs fail to arrest; that grand jurors 
will not always indict; that in some cases the military acting in aid 
of the civil authorities have not been able to execute the process of the 
courts; that petit jurors have acquitted persons adjudged guilty by 
you ; and that other persons charged with offences have broke jail and 
lied from prosecution. I know not how these things are ; but admit- 
ting your representations literally true, if for such reasons I should set 
aside the local civil tribunals and order a military commission, there 
is no place in the United States where it might not be done with equal 
propriety. There is not a State in the Union — North or South — 
where the like facts are not continually happening. Perfection is not 
to be predicated of man or his works. 'So one can reasonably expect 
certain and absolute justice in human transactions; and if military 
power is to be set in motion, on the principles for which j^ou Avould 
seem to contend, I fear that a civil government, regulated by laws^ 
could have no abiding place beneath the circuit of the sun. It is 
rather more than hinted in your letter, that there is no local State 
government in Texas, and no local laws outside of the acts of Congress, 
v.hich I ought to respect ; and that I should undertake to protect the 
rights of pei'sons and property in my own %i-ay and in an ai-hitrary 
manner. If such be your meaning, I am compelled to differ with you» 
After the abolition of slavery, (an event which I hope no one now re- 
grets,) the laws of Louisiana and Texas existing prior to the rebellion, 
and not in conflict with the acts of Congress, comprised a vast system 
of jurisprudence, both civil and criminal. It required not volumes 
only, but libraries to contain them. They laid down principles, and 
precedents for ascertaining the rights and adjusting the controversies 
of men, in every conceivable case. They were the creations of great 
and good and learned men, who had labored, in their day, for their 
kind, and gone down to the grave long before our recent troubles, 
leaving their works an inestimable legacy to the human race. These 
laws, as I am informed, connected the civilization of past and present 
ages, and testified of the justice, wisdom, humanity and patriotism of 
more than one nation, through Avhose records they descended to the 
jn-esent people of these States. I am satisfied, from representations of 
persons competent to judge, they are as perfect a system of laws as 
may be found elsewhere, and better suited than any other to the con- 



10 

dition of this people, for by them they have long been gorerned. 
Wh}^ should it be supposed Congress has abolished these laws ? Why 
should any one wish to abolish them ? They have committed no 
treason, nor are hostile to the United States, nor countenance crime, 
nor favor injustice. On them, as on a foundation of rock, reposes 
almost the entire superstructure of social order in these two States. 
Annul this code of local laws, and there Avould be no longer an}- rights, 
cither of person or propert}", here. Abolish the local civil tribunals 
made to execute them, and 3'ou would virtually annul the laws, except 
in reference to the very few cases cognizable in the federal courts. 
Let us for a moment suppose the Avhole local civil code annulled, and 
that I am left, as commander of the Fifth Military District, the sole 
fountain of law and justice. This is the position in which you would 
l^lace me. 

I am now to protect all rights and redress all wrongs. How is it 
possible for me to do it? Innumerable questions arise, of which I 
am not only ignorant, but to the solution of which a military court is 
entirely unfitted. One would establish a will, another a deed ; or the 
question is one of succession, or partnership, or descent, or trust ; a 
suit of ejectment or claim to chattels; or the application may relate to 
robbery, theft, arson, or murder. How am I to take the first step in 
any such matter ? If I turn to the acts of Congress I find nothing 
on the subject. I dare not open the authors on the local code, for it 
has ceased to exist. 

And j'ou tell me that in this preplexing condition I am to furnish 
by dint of m}^ own hasty and crude judgment, the legislation de- 
manded by the vast and manifold interests of the people ! I repeat, 
sir, that you, and not Congress, are responsible for the monstrous sug- 
gestion that there are no local laws or institutions here to be respected 
Iby me, outside the acts of Congress. I say unhesitatingly, if it were 
possible that Congress should pass an act .abolishing the local codes 
for Louisana and Texas — which I do not believe — and it should fall 
to my lot to su})ply their places with something of my own, I do 
not see how I could do better than follow the laws in force here prior 
to the rebellion, excepting whatever therein shall relate to slaver}'. 
Power may destroy the forms, but not the principles of justice; these 
will live in spite even of the sword. Histor}- tells us that the Roman 
pandects were lost for a long period among the rubbish that war and 
revolution had heaped upon them, but at length were dug out of the 
ruins — again to be regarded as a precious treasure. 

You are pleased to state that " since the publication of (my) gen- 
eral orders No. 40, there has been a perceptible increase of crime and 
manifestations of hostile feeling toward the Government and its sup- 



11 

porters," and add that it is ^' an nnpleasant duty to give such a recital 
of the condition of the coiintr}-." 

You will permit me to sa}' that I deem it impossible the first of 
these statements can be true, and that I do verj' greatly doubt the cor- 
rectness of the second. General orders No. 40 was issued at New 
Orleans, November 20, 1 SGI, and your letter was dated January H, 
1868. Allowing time for order No. 40 to reach Texas and become 
generally known, some additional time must have elapsed before its 
effect would be manifested, and yet a further time must transpire 
before you would be able to collect the evidence of what you term 
" the condition of the country ;" and yet, after all this, you would 
have to make the necessary investigations to ascertain if order No. 40 
or sometliing else was the cause. The time, therefore, remaining to 
enable you, before the 17th of January, 1868, to reach a satisfactory^ 
conclusion on so delicate and nice a question must have been ver}' 
short. How you proceeded, whether yon investigated yourself or 
through third persous,'and if so, who they were, what their compe- 
tency and fairness, on what evidence yon rested your conclusion, or 
Avhether you ascertained any facts at ail, are points upon which your 
letter so discreetly omits all mention, that I may well be excused for 
not relying implicitly upon it ; nor is my diflrculty diminished by the 
fact that in another part of 3'our letter you .state that ever since the 
close of the war a ver}- large portion of the people have had no affec- 
tion for the (jrovernment, but bitterness of feeling only, ifad the duty 
of publishing and circulating through the countr}' long before it 
reached me, j'onr statement that the action of the district commander 
was increasing crime and hostile feeling against the Government, been 
less jjainful to your sensibilities, it might i)ossibly have occurred to 
you to furnish something on the subject in addition to your bare as- 
sertion. 

But what was order No. 40, and how could it liave the effect you 
attribute to it ? It sets forth that " the great principles of American 
lil)erty are still the inlieritance of this people and ever sliould be, 
tliat the right of trial by jury, the liabeas corpus, the liberty of the 
press, the freedom of speech, and the natural rights of persons and 
l^roperty must be preserved." Will you question the truth of these 
declarations ? Which one of these great principles of liberty are you 
read}' to deny and repudiate ? Whoever does so avows himself the 
onemy of human liberty and the advocate of despotism. Was there 
any intimation in general orders No. 40 that any crimes or breaches 
of law would be countenanced ? You know that there was not. On 
the contrary, you know perfectly well that while " the consideration 
of crime and oflfences committed in the Fifth Military District was re- 
ferred to the judgment of the regular civil tribunals," a pledge was 



12 

given ill order No. 40, which all understood, that tribunals would he 
supported in their lawful jurisdiction, and that "forcible resistance to 
law would be instantl}^ suppressed by arms." You will not affirm that 
this pledge has ever been forfeited. There has not been a moment 
since I have been in command of the Fifth District, when the whole 
military force in my hands has not been ready to support the civil 
authorities of Texas in the execution of the laws. And I am unwill- 
ing to believe they would refuse to call for aid if they needed it. 

There are some considerations which, it seems to me, should cause 
you to hesitate before indulging in wholesale censures against the civil 
authorities of Texas. You are yourself the chief of these authorities, 
not elected by the people, but created by the military. Not long after 
you had thus come into office, all the judges of the Supreme Court of 
Texas — five in number — were removed from office, and new appoint- 
ments made ; twelve of the seventeen district judges were removed, 
and others appointed. County officers, more or less, in seventy-five 
out of one hundred and twenty-eight counties, were removed, and 
others appointed in their places. It is fair to conclude that the execu- 
tive and judicial civil functionaries in Texas are the persons whom you 
desired to fill the offices. It is proper to mention, also, that none but 
registered citizens, and only those who could take the test oath, have 
been allowed to serve as jurors during your administi'ation. Now, it 
is against thig local government, created by military power prior to 
my coming here, and so composed of your personal and political 
friends, that you have preferred the most grievous complaints. It is 
of them that you have asserted they will not do their duty ; thej'^ will 
not maintain justice ; will not arrest offenders ; will not punish crimes; 
and that out of one hundred homicides committed in the last twelve 
months, not over ten arrests have been made ; and b}^ means of such 
gross disregard of duty, j^ou declare that neither property nor life is 
safe in Texas. 

Certainly you could have said nothing more to the discredit of the 
officials who are now in office. If tlie facts be as you allege, a mys- 
tery is presented for which I can imagine no explanation. Why is it 
that 3^our political friends, backed up and sustained by the whole mil- 
itary power of the United States in tliis district, should be unwilling 
to enforce the laws against that part of the population lately in rebel- 
lion, and whom you represent as the off'enders ? In all the history of 
these troubles, I have never seen or heard before of such a fact. I 
repeat, if the tact be so, it is a profound mysteiy, utterly surpassing 
my comprehension. I am constrained to declare that I believe you are 
in very great error as to facts. On careful examination at the proper 
source, I find that at the date of your letter four cases only of homi- 
cides had been reported to these headquarters as having occurred since 



13 

XovcMuber 29, 1807, the date of order 40, and these cases were ordered 
to be tried or investigated as soon as the reports were received. How- 
ever, the fact of the one hundred homicides may still be correct, as stated 
by you. The Freedman's Bureau in Texas reported one hundred and 
sixty ; how many of these were by Indians and Mexicans, and how 
the remainder were classified, is not known., nor is it known whether 
these data are accurate. 

The report of the commanding ollicer of the District of Texas shows 
that since I assumed command no applications have been made to him 
by you for the arrest of criminals in tlie State of Texas. 

To this date eighteen cases of homicides have been reported to me 
as having occurred since November 29, 186*7, although special instruc- 
tions had been given to report such cases as they occur. Of these, 
five were committed by Indians, one by a Mexican, one by an insane 
man, three by colored men, two of women by their husbands, and of 
the remainder some by parties unknown — all of which could be scarcel}^ 
attributable to order No. 40. If tlie reports received since the issuing 
of order No. 40 are correct, thej^ exhibit no increase of homicides in 
my time, if you are correct that one hundred had occurred in the past 
twelve months. 

Tliat there has not been a perfect administration of justice in Texas 
I am not prepared to deny. 

That there has been no such wanton disregard of dut}' on the part 
of officials as you allege, I am well satisfied. A very little while 
ago you regarded the present officials in Texas the only ones who 
could be safel^^ trusted with power. Now you pronounce them worth- 
less, and would cast them aside. 

I have found little else in your letter but indications of temper, 
lashed into e:^citemcnt by causes which I deem mostly imaginery, a 
great confidence in the accuracy of your oavu opinions, and an intoler- 
ance of the opinions of others, a desire to punish the thoughts and 
feelings of those who differ from you, and an impatience which magni- 
fies the shortcomings of officials who are perhaps as earnest and con- 
scientious in the discharge of their duties as j'ourself, and a most 
unsound conclusion that while any persons are to be found wanting in 
aft'ection or respect for government, or yielding it obedience from 
motives which you do not approve, war, and not peace, is the status, 
and][all such persons are tlie proper subjects for military penal juris- 
diction. 

If I have written anything to disabuse your mind of so grave an 
error, I shall be gratified. 

I am, sir, ver}- respectfully, your obedient servant, 

W S. HANCOCK, 

Major-Gcueral Commanding. 



14 

Order of General Hancock revoking a siinimary removal from 
office, miwlc by liis predecessor, and referring the complaint 
to the jiulicial tribunals. 

HEADQUARTERS FIFTH MILITARY DISTRICT, 
New ORLEAisfs, La., December 4, 1867. 
Special Orders "I 
No. 203. / 

[EXTRACT.] 

2. Paragraph 3, of special orders No. 188, from these headquarters, 
dated November I6th, 1867, issued by Brevet Major-Geiieral Mower, 
removing P. 11. O'Pvourke, Clerk of Second District Court, Parish of 
Orleans, for malfeasance in office, and appointing R. L. Shelly in his 
stead, is hereby revoked, and P. R. O'Pourke is reinstated in said 
office. 

If any charges are set up against the said O'Rourke, the judicial 
department of the government is sufficient to take whatever action 
may be necessary in the premises. 

By command of Ma.tor-General Hancock. 
[Official.] 



Order ot General Hancock revoking^ the order of his predecessor 
which interfered A\ath the selection of jurors ; and defining* the 
true and proper use of military power. 

HEADQUARTERS FIFTH MILITARY DISTRICT, 

New Orleans, La , December 5, 1867. 
Special Orders, | 
No. 203. • ) 

[extract.] ■• 

2. The true and proper use of military power, besides defending the 
national honor against foreign nations, is to uphold the laws and civil 
government, and to secui'e to every person residing among us, the en- 
jo^arient of life, liberty and property. It is accordingly made, b}' act 
of Congi-ess, the duty of the commander of this district to protect all 
persons in those rights, to suppress disorder and violence, and to pun- 
ish, or cause to be punished, all disturbers of the public peace and 
criminals. 

The Commanding General has been officially informed that the ad- 
ministration of justice, and especially of criminal justice, in the courts 
is clogged, if not entirely frustrated, by the enforcement of paragraph 
:N'o. 2, of the military order numbered special orders 125, current se- 
ries, from these headquarters, issued on the 24th of August, A. D. 



15 

1867, relative to the qualifications (;f persons to be placed on the juiy 
lists of the State of Louisiana. 

To lU'teruiine who shall, and who shall not be jurors, appertains to 
the leoislative power ; and until the law^s in existence regulating this 
subject shall be amended or changed by that department of the civil 
government, which the constitutions of all the States under our repub- 
lican system vest with that power, it is deemed best to carry out the 
will of the people as expressed in the last legislative act upon this 
sul)ject. 

The qualification of a juror, under the law, is a proper subject for 
the decision of the courts. The Commanding General, in the discharge 
of the trust reposed in him, will maintain the just power of the judi- 
ciar}^, and is unwilling to permit the civil authorities and laws to be 
embarrassed by military interference ; and as it is an established fact 
that the administration of justice in the ordinary tribunals is greatly 
embarrassed by the operations of paragraph 'No. 2, special orders No. 
125, current series, from these headquarters, it is ordered that said 
paragraph, which relates to the qualifications of persons to be placed 
on the jur}^ lists of the State of Louisiana, be, and the same is hereby 
revoked, and that the trial by jury be, henceforth, regulated and con- 
trolled b}^ the Constitution and civil laws, without regard to any mil- 
itary oi-ders heretofore issued from these headquarters 

By command of ^Ia.tor-Gexeral Hancock. 
[Official.] 



Order siistaiuiug' the jurisdiction of the civil courts over the 
rights of private pi'operty. 



Special Orders ) 



HEADQUARTERS FIFTH MILITARY DISTRICT, 

New Orleans, La., December 10, ISOT. 



EXTRACT. 



4. Paragraph 3, of special orders Xo. 19T, current series, from 
these headquarters, issued by Brevet Major-General J. A. Mower, in 
the matter of the estate of D. B, Staats, is hereby revoked, the local 
tribunals possessing ample' power for the protection of all parties con- 
cerned. The property in dispute will be restored to the possession of 
the party entitled to the same by order of court 

By cominand of Major-Gexeral Hancock. 
[Official. J 



16 

Order to secure the purity of elections, and to prevent mili- 
tary interference at the polls. 

HEADQUARTERS FIFTH MILITARY DISTRICT, 

New Orleans, La., December 18, 1807. 
Special Okdees ) 
No. 213. ) 

extract. 

I. In compliance with the supplementaiy act of Congress of March 
23d, 1867, notiee is hereby given that an election will be held in the 
State of Texas on the 10th, 11th, 12th, 13th and Uth days of Feb- 
ruary, 1868, to determine Avhether a convention shall be held, and for 
delegates thereto, '•' to form a constitution " for the State under said act. 

IX. Military interference with elections, " unless it shall be neces- 
sary to keep the peace at the polls," is prohibited by law, and no sol- 
diers will be allowed to appear at any polling place, unless as citizens 
of the State they are registered as voters, and then only for the pur- 
pose of voting ; but the commanders of posts will be prepared to act 
promptly if the civil authorities fail to preserve the peace. 

X. The sheriff and other peace officers of each count}^, are required 
to be present during the whole time the polls are kept open, and until 
'the election is completed, and will be made responsible that there shall 
be no interference with judges of election, or other interruption of good 
order. 

As an additional measure to secure the purity of the election, each 
registrar or clerk is hereb}" clothed, during the election, with authority 
to call upon the civil officers of the county to make arrests, and incase 
•of failure of the aforesaid civil officers, are empowered to perform their 
duties, during the election. They will make full report of such fail- 
ures on the part of civil officers, to the Commanding General, Fifth 
Military District, througli the headquarters, District of Texas, for 
orders in each case. 

By command of Major-General Hancock. 
[OfBciai.] 



On the 8tay of Civil Process. 

HEADQUARTERS FIFTH MILITARY DISTRICT, , 
Office of Secretary for Civil Affairs, 
New Orleans, La., December 20, 13CT. 

The lion. E. Heath, Blayor of Neiv Orleans : 

Si'i :— In answer to your communication of the oOth ult., requesting 
his intervention in staying proceedings in suits against the city on 



17 

its notes, the Major-General Commanding- directs me to resp.^ctfully 
submit his views to you on that subject, as follows : 

Such a proceeding on his part would, in fact, be a stay-law in favor 
of the city of New Orleans, which, under the Constitution, could not 
be enacted by the Legislature of the State, and in his judgment such a 
power ought to be exercised by him, if at all, only in a case of the 
most urgent necessity. 

That the notes referred to were issued originally in violation of the 
charter of the city, cannot be denied ; but the illegal act has since 
been ratified b}^ the Legislature. The Corporation is therefore bound 
to pay them; and even if a defence could be made on tecbnical grounds, 
it would be disgraceful for the city to avail itself of it. Wliy, then, 
should the creditors of the city be prevented from resorting to the 
means given them to enforce the obligation ? 

In support of j^our application j'ou state that the city is unable to 
pay its debts. This is, unfortunately, the case with most debtors ; and 
on that ground nearly all other debtors would be equally entitled to 
the same relief. 

The Supreme Court of this State has decided that taxes due a mu- 
nicipal corporation cannot be seized, under execution, by a creditor 
of the corporation, nor is any other property used for municipal pur- 
poses liable to seizure. If, therefore, a constable levies j.n execution 
on such property, he is a trespasser, and the cit}' has its remedy against 
him in the proper tribunal. 

It does not, therefore, seem to the Major-General Commanding that 
there is an urgent necessity which would justify his interference in the 
manner re(piired. Besides, the ex[)ediency of such a measure is more 
than questionable ; for, instead of reinstating the confidence of the 
public in cit^' notes, it would probably destroy it altogether. 

I am, sir, A'ery respectfull}" 3'our obedient servant, 

W. G. MITCHELL, 

Bvt. Lieut.-Col., U. S. A., Sec'y for Civil AflUirs. 



On tlic Trial of Offenders Against the Laws of the State. 

HEADQUARTERS FIFTH MILITARY DISTRICT, 

Office op Secretary for Civil Affair:*, 

Neav Orleans, La., December 2S,J18CT. 

His Excellency E. M. Pease, Governor of Texas: 

Sir: — Brevet Major-General J. J. Re3'nolds, commanding District 

of Texas, in a communication dated Austin, Texas, Noveml^jer 19, 

186T, requests that a military commission ma}' be ordered "fo^r the 

trial of one G. VV. Wall, and such other prisoners as may be brought 

2 



18 

before it,'' aud forwards, in support of the request, the following- 
papers : 

1st. A printed abcount taken from a newspaper dated Uvalde, Oc- 
tober , 186 1, (contained in a letter of James H. Taylor, and in 

another from Dr. Ansell, U. S. Surgeon at Fort Inge,) of the murder 

of R. W. Black, on the • day of October, 1867. In this account 

it is stated Mr. Black was shot through the heart by G. W. Wall 
"while lying on the counter at Mr. Thomas's store." 

2d. A letter of Judge G. H. Noonau to Governor Pease, dated No- 
vember 10, 1861, informing him that "Wall, Thacker, and Pulliam 
are in confinement in Uvalde coimty for murder." In this letter it 
is asked, " Would it not be best to try them by military commis- 
sion ?" 

3d. A letter from Governor Pease, dated " Executive , of Texas^ 
Austin, November 11, 1861," in which the Governor states that he 
received a telegram from Judge G. H. Noonan, an extract from which 
I transmit herewith. In the letter of the Governor the^ further 
statement is made that "Uvalde county, where the prisoners are con- 
iined, is on the extreme western frontier of the State, and has only 
about one hundred voters in a territory of about nine hundred square 
miles," and he then adds, "It is not probable that they (meaning th© 
prisoners) can be kept in confinement long enough ever to be tried by 
the civil courts of that county ;" and expresses the opinion that they 
never " can be brought to trial unless it is done before a military com- 
mission." Aud he therefore asks that a military commission be or- 
dered for their trial. 

From an examination of the papers submitted to the commander of 
the Fifth Military District, it does not appear that there is any indis- 
position or imwillingness on the part of the local civil tribunals to 
take jurisdiction of, and to try the prisoners in question ; and a sug- 
gestion made by the Governor that it is not probable the prisoners 
can be kept in confinement long enough to be tried by the civil courts, 
(and which is apparently based on the fact that Uvalde County is a 
frontier county, and does no* contain more than a hundred voters,) 
seems to be the only foundation on which the request for the creation 
of a military commission is based. This, in the opinion of the com- 
manding general, is not sufficient to justify' him in the exercise of the 
extraordinary power vested in him by law "to organize military com- 
missions or tribunals " for the ti'ial of persons charged with offences 
against the laws of a State. 

It is true that the third section of "An Act to provide for the more 
efficient government of the Rebel States," makes it the duty of the 
commanders of military districts " to punish, or cause to be pun- 
ished, all disturbers of the public peace and criminals;" but the 



19 ' 

same section also declares that " to that end he may allow local 
civil tribunals to take jurisdiction of, and to tr}' offenders." 
The further power given to him in the same section, " when in 
his judgment it ma}' be necessary for the trial of offenders," to organ- 
ize military commissions for that purpose, is an extraordinary power, 
and from its very nature should be exercised for the trial of oftendei's 
against the laws of a State only in the extraordinary event that the 
local civil tribunals are imwilling or unable to enforce the laws against 
crime. 

At this time the country is in a state of profound peace. The State 
Government of Texas, organized in subordination to the authority of 
the Government of the United States, is in the full exercise of all its 
proper powers. The courts, duly empowered to administer the laws, 
and to punish all offenders against those laws, are in existence. No 
unwillingness on the part of these Courts is suggested to inquire into 
the offences with which the prisoners in question are charged, nor are 
any obstructions whatever in the way of enforcing the laws against 
them said to exist. Under such circumstances there is no good ground 
for the exercise of the extraordinary power vested in the commander 
to organize a military commission for the trial of the persons 
named. 

It must be a matter of profound regret to all who value constitu- 
tional government, that there should be occasions in times of civil 
commotion, when the public good imperatively' requires the interven- 
tion of the military power for the repression of disorders in the body 
politic, and for the punishment of offences against the existing laws 
of a country framed for the preservation of social order ; but that the 
intervention of this power should be called for, or even suggested, by 
civil magistrates, when the laws are no longer silent and civil magis- 
trates are possessed, in their respective spheres, of all the powers ne- 
cessary to give effect to the laws, excites the surprise of the com- 
mander of the Fifth Military District. 

In his view it is of evil example, and i^ull of danger to the cause of 
freedom and good government, that the exercise of the military power, 
through military tribunals created for the trial of offences against the 
civil law, sliould ever be permitted, when the ordinary powers of the 
existing State Governments are ample for the punishment of offend- 
ers, of those charged with the administration of the laws are faithful 
in the discharge of their duties. 

If the means at the disposal of the State authorities are insufficient 
to secure the confinement of the persons named in the communication 
of the Governor of the State of Texas to the general commanding- 
there, until they can be legally tried, on the fact being made known 
to him, the commander of the district will siipply the means to retain 



20 

them in confinement, and the commanding officer of the troops in 
Texas is so anthorized to act. If there are reasons in existence which 
justif}' an apprehension that the prisoners cannot be fairly tried in 
that county, let the proper civil officers have the " venue " changed, 
for the trial, as provided for by the .laws of Texas. 

In the opinion of the commander of the Fifth Military District, the 
existing government of the State of Texas possesses all the powers 
necessary for the proper and prompt trial of the prisoners in question 
in^due course of laAv. 

If these powers are not exercised for that purpose, the failure to 
exercise them can be attributed only to the indolence or .culpable in- 
efficiency of the officers now charged with the execation and enforce- 
ment of the laws under the authority of the State Government ; and 
if there is such a failure, in the instance mentioned, on the 
l)art of those officers to execute the laws, it will then become the duty 
of the commander to remove the officers who fail to discharge the duties 
imposed on them, and to replace them with others who will discharge 
them. 

Should these means fail, and it be found, on further experience, that 
there are not a sufficient number of ji^rsons among the people now 
exercising political power in Texas, to supply the public with officers 
Avho will enforce the laws of the State, it will then become necessarj' 
for the commander of the Fifth Military District to exercise the powers 
vested in him, b}^ the acts of Congress under which he is appointed, 
for the purpose of vindicating the majesty of the law. But until such 
necessity is shown to exist, it is not the intention of the commanding- 
general to have recourse to those powers ; and he deems the present a 
fitting occasion to make this known to the Governor of Texas, and 
through him to the people of the State at large. 

I am, sir,^very respectfully, your obedient servant, 

W. G. MITCHELL, 

Bvt. Lieut-Col. , U. S. A., Sec'y for Civil Affairs. 



On elections by the people. 

HEADQUARTERS FIFTH MILITARY DISTRICT, 

Office of Secretaey for Civil Affairs, 

New Orleans, La., December 28, 1867. 

Lieutenant-Colonel W. H. Wood, Commanding District of Louisiana, 
New Orleans, La.: 
Colonel:— I am directed b}^ the Major-General Commanding to 
acknowledge receipt of a letter from Nelson Durand, (forwarded by 



21 

you,) stating that the Treasurer of Avoyelles Parish, La., caused an 
election to be held to ascertain if the citizens of the township were in 
favor of selling a school section belonging to t'.ie pirish, and request- 
ing an opinion as to the legality of said election. 

In reply to said letter, I am directed by him to state that if the 
provision of the law were complied with in regard to advertisements, 
the manner of taking the sense of the inhabitants, and legal voters 
only were admitted to take part, there seems to be no reason why the 
action should be considered a nullity. It was not, properly speaking, 
an election, but a waj' prescribed by law of arriving at the will of the 
community as regards the disposition to be made of certain school 
lands belonging to the parish. 

The previous authorization of the Major-General Commanding is 
not considered necessary. But if the sense of the people was uot duly 
regarded, (on the previous occasion,) as to the foregoing requirements, 
the matter should be again i-eferred to them for a free and legal ex- 
pression of their opinion. 

I am. Colonel, very respectful!}', your obedient servant, 

W. G. MITCHELL, 

,Bvt. Lieut-Col., U. S. A., Sec'y for Civil Aft'airs. 



Oil r<Mui)vals from office without judicial investigation and rte- 

tcrniination. 

HEADQUARTERS FIFTH INHLITARY DISTRICT, 

Office of Secretary for Civil Affairs, 

New Orleans, La., December 30, 18G7. 

His Excellency B. F. Flanders, Governor of Louisiana: 

Governor: — I am directed by the Major-General Commanding to 
acknowledge the receipt of j'our communication of the 11th inst.,with 
papers and documents aecompanjang the same, charging the Police 
Jury, Parish of Orleans, right bank, with appropriating to their own 
use and benefit the public funds of said parish, and with being per- 
sonally interested in contracts let by them, aud recommending the 
removal from oftice of the president and members of said Police 
Jury ; and, in reply, to state that these charges present a proper case 
for judicial investigation and determination; and as it is evident to 
him that the courts of justice can afford adequate relief for the 
wrongs complained of, if proved to exist, the Major-General Command- 
ing has concluded that it is not advisable to resort to the measures 
suggested in your excellency's communication. 

I am. Governor, very respectfully, your obedient servant, 

' W. G. MITCHELL. 

Bvt. Lieut-Col., U. S. A., Sec'y for Civil Affairs. 



22 

Ortlei- of General HaJicock disclaiiuiiig- jiwlicial functions in ci\il 

oases. 

HEADQUARTERS FIFTH MILITARY DISTRICT, 

General Ordeks J New Orleans, La., January 1,1868. 

Applications have been made at these hea'dqnarters implying the 
existence of an arbitrary authorit}' in the Commanding General touch- 
ing purely civil controversies. 

One petitioner solicits this action, another that, and j each refers to 
some special consideration of grace or favor which he supposes to 
exist, and which should influence this Department. 

The number of such applications and the waste of time they involve, 
make it necessaiy to declare that the administration of civil justice 
appertains to the regular courts. The rights of litigants do not 
depend on the views of the general — they are to be adjudged juid 
settled according to the laws. Arbitrary power, such as he has been 
urged to assume, has no existence here. It is not found in the laws 
of Louisiana or of Texas — it cannot be deri-ved from any act or acts 
of Congress — it is restrained by a constitution and prohibited from 
action in many particulars. 

The Major-General Commanding takes occasion to repeat that 
while disclaiming judicial functions in civil cases, he can suffer no 
forcible resistance to the execution of process of the courts. 

By command of Major-General Hancock. 
[Official.] 



Coninmnication concerning- an application by a railroad company. 

HEADQUARTERS FIFTH MILITARY DISTRICT, 

Office of Secretary for Civil Affairs, 

New Orleans, La., January 2, 1868. 

Henry Van Yleet, Esq., Chief Engineer: 

Sir: — In reply to 3'our communication, requesting the Major-Gen- 
eral Commanding to issue a certain order relative to the New Orleans, 
Mobile and Chattanooga Railroad Compau}^, I am directed by him to 
state : 

That the order asked for embraces questions of the most important 
and delicate nature, such as the exercise of the right of eminent do- 
main, obstruction of navigable rivers or outlets, etc., and it appears to 
him very questionable whether he ought to deal with questions of 
that kind ; nor is it clear that any benefit could result to the company 
from such an order. 

So far as the State of Louisiana is concerned, there can be no diffi- 

\ 



23 

eulty in obtaining a decree of appropriation of the land which may 
i)e required for the enterprise, according to the existing laws, as the 
company has been regularly incorporated under the general corpora- 
tion act. Be this, however, as it nia}*, the question of poiver^ which 
tlie company desires solved by the proposed oi-der, belongs properly 
to the judiciary, and therefore the Major-General Commanding declines 
to take action in this matter. 

If you desire, the papers in this case, together with a copy of this 
letter, will be forwarded to the Secretary of War. 

I am, sir, very respectfully, your obedient servant, 

W. G. MITCHELL, 

Bvt. Lieut. -Col. U. S. A., Sec'y lor Civil Affairs. 



•Order of General Hancock revoking: certain instructions issued 
by liis predecessor to the Board of Registration. 

HEADQUAETERS FIFTH MILITARY DISTRICT. 

General Orders ) -n^ ^ /-» t t ^^ -tooa 

- -j^ .. |- IsEW Orleans, La., January 11, 18G8. 

Printed '' Memoranda of disqualifications for the guidance of the 
Boards of Begistrars, under the Military Bill passed March 2, 1867, 
and the Bill supplementaiy thereto," and ''Questions to be answered 
by persons proposing to register," were distributed from these head- 
quarters in the month of May, 1867, to the members of the Boards of 
Kegistration, then in existence in the States of Louisiana and Texas, 
for the registration of '"the male citizens of the L'nited States " who 
are qualified to A'ote for delegates under the acts entitled "An act 
to provide for the more efficient government of the Rebel States." 

These " Memoranda " and " Questions " are as follows : 

[The Memoranda, being lengthy, are omitted.] 

Grave differences of opinion exist among the best informed and most 
conscientious citizens of the United States, and the highest function- 
aries of tlie National Government, as to the proper construction to 
be giA'cn to the acts of Congress prescribing the qualifications entitling 
persons to be registered as voters, and to exercise the right of suffrage 
at the elections to be holden under the act entitled "An act to proA'ide 
for the more efficient government of the Rebel States " and the acts 
supplementary thereto. Such differences of opinion are necessaiy in- 
cidents to the imperfection of human language when employed in the 
work of legislation. 

Upon examining those acts, the Commanding General finds himself 
•constrained to dissent from the construction given to them in the 
" Memoranda " referred to. This construction would of course ueces- 



24 

sarily exclude all officers holding offices created under special acts of 
the State Legislatures, including all officers of municipal corporations',, 
and of institutions organized for the dispensation of charit^^, under the 
authority of such special laws. Such a construction, in the opinion 
of the Major-General Commanding, has no support in the language 
of the acts of Congress passed on the 2d and the 2od of March, 1867, 
which were the only acts in existence when these " Memoranda " M^ere 
distributed. Since that time, however, what was before, in the opin- 
ion of the Commanding General, onl}^ an error of construction, would 
now be a contravention of the law,- as amended and defined in the act 
of July 19, 1867. 

The Major-General Commanding also dissents from various other 
points in the construction given to the disqualifying clauses of the acts 
in question, as shown by the "Memoranda" referred to, but he will 
add nothing further to what he has already said on the subject, be- 
cause his individual opinions cannot rightfully have, and ought not to 
have, any influence upon the Boards of Eegistration in the discharge 
of the duties expressly imposed npon and intrusted to them by these 
acts of Congress as they now stand. The Boards of Registraticm are 
Ijodies created by law with certain limited but well-defined judicial 
powers. It is made their especial duty "to ascertain, upon such facts 
as they can obtain, whether any person appl3dng is entitled to be regv 
istered " under the acts. Their decisions upon the cases of individual 
applicants are final as to the right, unless appeals are taken, in the 
proper form, and carried before competent superior authority for re- 
vision ; and, like the members of ordinary courts engaged in the exer- 
cise of judicial functions, it is the bounden duty of the members of 
the Boards of Kcgistration to decide upon the questions as to the right 
of any applicant, on the facts before them, and in obedience to the pro- 
visions of the law. 

Since the passage of the act of July 10, 1867, it is not only the right, 
l3ut the solemn duty of the members of these Boards, each for himself, 
and under the sanction of his oath of office, to interpret the provisions 
of the acts from which the authority of the Boards- was derived, and 
to decide upon each case according to the best of his own judgment. 

The distribution of the above " Memoranda " was well calculated to 
produce the impression in the minds of the membei-s of Boards of 
Registration, that they constituted rules prescribed to them for their 
government in the discharge of their offi'cial duties which they were 
required to obey ; and it seems certain from various communications of 
facts in relation to the mode of carrying out tlie registration, that they 
were so regarded by the members of the Boards,. and that they not 
only influenced, but in point of fact, controlled the proceedings of the 
different Boards. 



25 

In consequence of this, and as the time for the revision of the regis- 
tration in the State of Texas is now at hand, and the duty of making 
the revision will, it is probable, in a great degree be performed by 
persons who are members of the Boards of Registration, to which the 
"Memoranda" in question were distributed for their guidance, the 
Major-General Commanding deems it of importance that the members 
of the Boards of Registration, and the people at large, should be in- 
formed that the " Memoranda " before referred to, distributed from the 
lieadquarters of this Military District, are null and of no effect, and 
are not now to be regarded by the Boards of Registration in making 
their decisions ; and that the members of the Boards are to look to the 
laws, and to the laws alone, for the rules which are to govern them in 
the discharge of the delicate and important duties imposed upon 
them. 

For this purpose they will be furnished with copies of the acts of 
Congress relating to this subject, and of the amendment (known as 
Article XIV.) to the Constitution of the United States. 

In case of questions arising as to the right of any individual to be 
registered, the person deeming himself aggrieved is entitled to his ap- 
peal from the decision of the Board, and the Boards are directed to. 
make a full statement of the facts in such cases, and to forward the 
same to these headquarters without unnecessary delay. 

By comnifind of IVIajor-General Hancock. 
[Official.] , 



Order for convening" a special civil court for the trial of criminal 

cases. 

HEADQUARTERS FIFTH MILITARY DISTRICT, 
New Orleans, La., January 2, 1868. 

Special Orders? 
No. 1. S 

[EXTRACT.] 

3. WJiereas, The presence of an epidemic at Corpus Christi has pre- 
vented the holding of the usual term of the District Court of Kueces 
County, Texas ; and 

Whereas, A large number of criminal cases are on the docket of 
said court that should be tried without delay : 

' It is therefore ordered. That a special term of the District Court for 
Nueces County shall be held on Monday, the thirteenth day of Jan- 
uary, 1868, for the trial of all criminal cases that may be brought be- 
fore it. 



26 

Siieli court shall continue in session for three weeks, unless the busi- 
ness before it is sooner disposed of. 

All process in criminal cases shall be, and they are hereby made, re- 
turnable to the said special term of said court. 

The proper officers of that county -will cause the usual number of 
jurymen to be drawn and summoned. 

By command of Major-Gekeral Hancock. 
[Official.] 



Concerning the levy of a special tax. 

HEADQUARTERS FIFTH MILITARY DISTRICT, 

Office of Secketaey fob Civil Affairs, 

Kew Orleans, La, January 12, 1868. 
His Excellency E. M. Pease, Governor of Texas, Austin, Texas: 

Governor: — I am directed by the Major-General Commanding to 
acknowledge the receipt of j^our letter and accompanying documents, 
relative to an application from the Mayor and City Council of Hous- 
ton, for authority to hold an election to determine -whether a special 
tax shall be levied for the purpose of raising means with which to cut 
a ship's channel to Galveston Bay, and to state that if the power to 
hold such election was not conferred upon the city of Houston by its 
act of incorporation, nor by any act of the Legislature, no such elec- 
tion, and no tax levied for such a purpose would be legal. 
g. I am, Governor, very respectfully, ^^our obedient servant, 

W. G. MITCHELL. 

Bvt. Lieut. -Col. U. S. A., Sec'y for Civil Affairs. 



Relating' to the collection of taxes. 

HEADQUARTERS FIFTH MILITARY DISTRICT, 

Office op Secretery for Civil Affairs, 
New Orleans, La, January 1.5, 1868. 

H. Peralta, Esq., Auditor of Public Accounts, New Orleans, La.: 

Sir: — I am directed by the Major-General Commanding to ac- 
knowledge receipt of yoiw letter of the 13th inst, in which you state 
that the "taxes imposed by the Constitutional Convention cannot be 
collected through the ordinary process of collecting taxes in this 
State," and "refer the whole matter to him for his action;" and in re- 
ply to state that the tax-collectors of the parishes of Orleans and Jef- 



27 

ferson, in their report to you of the same date, say that "the tax-payers 
have general!}' refused to pay the tax." By reference to the ordinance 
of the convention, 3'ou will find "that the Auditor of Public Accounts 
of the State shall, as under existing laws in relation to the collection 
of taxes, superintend and control the collection of said tax of one mill 
per cent., and shall give immediate notice and instructions to the dif- 
ferent sheriffs and tax-collectors." 

It does not appear, from j-our statement, that any process for the 
collection of this tax has issued, or that any other steps have been taken, 
except giving notice in the newspapers, and a demand to pay which 
has been refused. No resort has been made to those coercive means 
to enforce the payment of taxes pointed out by the laws of the State; 
this it is your duty to direct the tax-collector to do. When that is 
done, and forcil)lo resistance should be made, the Major-General Com- 
manding will, upon it being reported to him, take prompt measures to 
vindicate the supremacy of the law. 

I am, sir, ver}' respectfully, 3'our obedient servant, 

W. G. MITCHPJLL, 

Bvt. Lieut. -Col. U. S. A., Sec'y for Civil Affairs. 

Kelating to the collection of taxes. 

HEADQUARTERS FIFTH MILITARY DISTRICT, 

Office of Secretary for Civil Affairs, 
New Orleans, La., January 21, 1808. 

Hon. W>L P. McMillan and Hon M. Yidal, Special Committee: 

Gentlemen : — The Major-General Commanding directs me to ac- 
knowledge the receijit of your letter of the Itth instant, and to state 
in reply that the second ordinance of the Constitutional Convention, 
adopted on the 4th of Januaiy, 1868, provides a new mode for the col- 
lection of the tax, and imposes penalties on defaulting taxpayers. 

You request the Commanding General to state what his action 
would be should the civil courts of Louisiana interfere with the col- 
lectors in the discharge of their duties. 

In this connection the Commanding General deems it unnecessaiy 
to repeat what he has already stated in reply to a previous letter con- 
cerning his authority on this subject. 

It would be highl}' improper for him to anticipate any illegal inter- 
ference of the courts in the matter. 

Whenever a case arises for the interposition of the powers vested in 
the Commanding General 1)y the acts of Congress, he will promptly 
exercise them for the maintenance of law and order. 

I am, sir, very respectfull}', your obedient servant, 

W. G. MITCHELL, 

Bvt. Lieut-Col. U. S. A., Sec'y for Civil Affairs. 



28 

L-etter of General Hancock to General Howard, on the usur- 
pation of the Fieednien's Bureau. 

HExiDQUARTERS FIFTH MILITARY DISTRICT, 
New Orleans, La., February 24, 1868. 
Major-General 0. 0. Howard, Commissioner of Bureau Refugees^ 
Freedvien^ and Abandoned Lands, Washington, D. C: 

General : — Referring to the report of Captain E. Collins, Seven- 
teenth Infantry, sub-assistant commissioner of the Bureau refiigeeSy 
freedmen, and abandoned lands, at Brenhara, Texas, dated December 
31, 1867, and transmitted by 3'ou for my information, I have the 
honor to state that I do not understand how any orders of mine can 
be interpreted as interfering with the proper execution of the law 
creating the Bureau. It is certainly not my intention that they should 
so interfere. Anything complained of in that letter, which could have 
lawfully been remedied by the exercise of militar}- authority, should 
have received the action of General Reynolds, who, being military 
commander, and also Assistant Commissioner for Texas, was the pro- 
per authority to apply the remedy, and to that end was vested with 
the necessary power. 

A copy of the report of Captain Collins had already been forwarded 
to me by General Reynolds before the receipt of your communication, 
and had been returned to him January 16th, with the following in- 
dorsement : " Respectfull}^ returned to Brevet Major-General J. J. 
Reynolds, commanding District of Texas. 

" This paper seems to contain only vague and indefinite complaints^ 
without specific action as to any particular cases. If Captain Collins 
has any special cases of the nature referred to in his communication, 
which require action at these headquarters, he can transmit them, and 
they will I'eceive attention." 

No reply has been received to this — a proof either of the non-ex- 
istence of such special cases, or of negleet of duty on the part of Cap- 
tain Collins in not reporting them. It is, and will be my pleasure as 
well as duty, to aid you and the ofliicers and agents under your direc- 
tion, in the proper execution of the law. I have just returned from a 
trip to Texas. Whilst there I passed through Brenham twice, and saw 
Captain Collins, but neither from him nor from General Reynolds, did 
I hear anj^thing in regard to this subject, so far as I recollect. 

There are numerous abuses of authority on the part of certain agents 
of the Bureau in Texas, and General Reynohls is already investigating 
some of them. 

My intention is to confine the agents of the Bureau within their 
legitimate authority, so far as my power as district commander ex- 
tends ; further than that, it is not m}^ intention or desire to interfere 



29 

"with the Freedmeii's Bureau. I can sa3', however, that had the dis- 
trict commander a superior control over the freedmen's affairs in the 
district, the Bureau would be as useful, and would work more harmo- 
niously, and be more in fovor with the people. At present there is a 
clashing of authorit}'. I simply mention the facts without desiring 
any such control. 

The Reconstruction Acts charge district commanders with the duty 
of protecting all persons in their rights of person and property; and 
to this end authorize them to allow local civil tribunals to take juris- 
diction of, and try offenders ; or if in their opinion necessar}', to or- 
ganize a military commission or tribunals for that purpose. 

They are thus given control over all criminal proceedings for vio- 
lation of ihe statute laws of the States, and for such other offences as 
are not by law made triable by the United States courts. The Recon- 
struction Acts exempt no class of persons from their operation, and 
the duty of protecting all persons in their rights of person and prop- 
erty, of necessity invests district commanders with control over the 
agents of tlie bureau, to the extent of at least enabling them to restrain 
these agents from any interference with, or disregard of their prerog- 
iitives as district commanders. 

The district commanders are made responsible for the preservation 
of peace and tlie enforcement of the local laws within their districts ; 
and they are the ones required to designate the tribunals before which 
tliose who break the peace and violate these laws shall be tried. 

Such being the fact, many of the agents of the Bureau seem not to 
be aware of it. In Texas some are yet holding courts, trj'ing cases, 
imposing fines, taking fees for services, and arresting citizens for of- 
fences over Avhicli the Bureau is not intended by law to have jurisdic- 
tion. 

General Reynolds is aware of some of these cases, and is, as I have 
iilread}- mentioned, giving his attention to them. 

In Louisiana, this state of affairs exists to a less extent, if at all. 

I am, General, ver}' respectfully, your obedient servant, 

W. S. HANCOCK, 

Major-General U. S. Army, Commanding. 



About the date of tlie preceding letter, however, the time had ar- 
rived when it was thought necessary by the controlling powers at 
Washington to supersede General Hancock's administration in Louis- 
iana and Texas, it being deemed an obstacle in the way of the Con- 
gressional plan of reconstruction, which contemplated the complete 
suppression of the civil authorities of those States, and the substi- 



30 

tiition of military commissions. General Garfield, the chairman of 
the Military Committee in the House of Representatives, introduced 
a bill to reduce the number of major-generals in the army with the 
avowed object of getting rid of Hancock, and thus punish him for his 
steadfast subordination of the military to the civil jurisdiction. This 
bill, however, was never pressed to its passage, being deemed b}^ those 
friendly to its object as too likely to excite a popular demonstration 
in favor of the persecuted individual. 

A safer method was adopted. General Grant, having been invested 
by Congress with extraordinary powers, so as to be no longer respon- 
sible to the President, his constitutional commander-in-chief, was 
induced to interfere in such manner with General Hancock's official 
action as to humiliate him before the people he was sent to govern. 
This naturally soon led to General Hancock's application to be re- 
lieved of his command. 

About this time he wrote to a friend in Congress, as follows : 

• • • " I hope to be relieved here soon. The President is no longer 
able to protect me. So that I may expect one humiliation after 
another, until I am forced to resign. I am prepared for any event. 
Nothing can intimidate me from doing what I believe to be honest and 
right." 

His letter to Governor Pease, in which General Hancock vindicated 
the justice and policy of his administration bears date the 9th of March, 
1868, and on the 16th of the same month (seven days afterwards) he 
was relieved of his command. 



IE N 'iO 



